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St Vincent's Care Services P/L (ACN 055 210 378) v The Queen  VSCA 186
Victorian Court of Appeal
Priest, Beach and Macaulay JJA
St Vincent's Care Services P/L (ACN 055 210 378) v The Queen
2 September 2022
CRIMINAL LAW - Conviction - Appeal - One charge of failing to ensure that people other than employees were not exposed to risks to health and safety arising from the conduct of an undertaking - Residential care facility permitting residents to leave facility with having monitored 'sign out/sign in' register - Whether conviction unreasonable or unable to be supported - Prosecution failing to prove there was a risk to health and safety arising from applicant's undertaking - Prosecution failing to prove that applicant failed to take a reasonably practicable measure that would have eliminated or reduced risk.
Occupational Health and Safety Act 2004, ss 20 and 23(1) - Criminal Procedure Act 2009, ss 276(1)(a) and 420F(2)
M v The Queen (1994) 181 CLR 487, Dansie v The Queen  HCA 25, applied; R v Associated Octel Co Ltd  1 WLR 1543, DPP v Vibro-Pile (Aust) Pty Ltd (2016) 49 VR 676, referred to.